HDR1010500000230815021430KCCO GRAIN INV 438 ANNOUNCEMENT KCPG5, AS AMENDED INVITATION NO. 438 Date: August 15, 2002 TELEGRAM/TELEX/TWX 467094 EASYLINK 62140250 FAX NO. (816) 926-6381 ANNOUNCEMENT KCPG5, AS AMENDED INVITATION NO. 438 PURCHASE OF RICE FOR USE IN EXPORT DONATION PROGRAMS The Commodity Credit Corporation (CCC) invites offers, subject to the terms and conditions of Announcement KCPG5, as amended, to sell to CCC: Offer 1: Up to 4,810 metric tons (106,041 hundredweight [CCC's option to contract up to 15 percent more]) of U.S. No. 2 O/B Unprocessed Long Grain Brown Rice, maximum 4.0 percent broken kernels, minimum 73.0 percent whole kernel milling yield, FFP, for Ivory Coast. SHIPMENT PERIOD: November 1 - 15, 2002 Offer 2: Up to 4,810 metric tons (106,041 hundredweight [CCC's option to contract up to 15 percent more]) of U.S. No. 2 O/B Unprocessed Long Grain Brown Rice, maximum 4.0 percent broken kernels, minimum 73.0 percent whole kernel milling yield, FFP, for Ivory Coast. SHIPMENT PERIOD: December 2 - 16, 2002 OFFERS DUE: 2:00 p.m., CDT, August 22, 2002 CCC will telephone notice of acceptance by: 9:15 a.m., CDT, August 23, 2002. CCC has the option to award less than quantity offered. Each offer will be analyzed independently. No offer will be contingent upon any other offer. The quantity contracted will be 5 percent more or less at CCC's option at contract price. Quantities loaded other than 5 percent tolerance will be settled in accordance with Announcement KCPG5, as amended, Paragraph 13(G). Vessels must be able to be fumigated with an aluminum phosphide preparation in-transit in accordance with the USDA, FGIS Fumigation Handbook. Commodity supplier(s) to arrange and pay for in-transit fumigation performed by a certified applicator in accordance with the USDA, FGIS Fumigation Handbook. Fumigation must be witnessed by FGIS, USDA, and the aluminum phosphide preparation must be contained in packaging as described in the Fumigation Handbook. Dust retainers must be used. For bulk carriers (including push mode integrated tug barges) the recirculation method of fumigation will be used. When the recirculation method is required, the contractor at the first port of loading will be responsible for arranging fumigation for the entire vessel. When the surface method is required, the contractor at the last port of loading will be responsible for arranging fumigation for the entire vessel. Please provide separate commodity and fumigation offers on the enclosed Offer Form. FOB vessel, bulk carrier/ocean going barge named U.S. berth, possible multibottom. Seller guarantees to load a minimum quantity of 2,000 metric tons per WWDSHEX, Saturdays as per BFC clause, even if used, whether vessel is in berth or not, provided vessel can receive cargo at this rate. No load guarantee for loading lash/seabee barges, but are to be loaded in regular turn, without undue delay. Demurrage, if incurred by the failure to do so, to be paid by seller at the rate of the governing charter party/booking note. Under no circumstances shall CCC be responsible for the calculation of laytime or the payment of demurrage or despatch between the vessel owner and the contractor. Any/all disputes between the vessel owner and the contractor arising out of this contract relating to the settlement of laytime and/or the payment of demurrage/despatch shall be arbitrated in New York subject to the rules of the Society of Maritime Arbitrators, Inc. For purposes of this Invitation only, all references to "bulk grain" in Announcement KCPG5, as amended, are hereby changed to read "U.S. No. 2 O/B brown rice, as noted, maximum 4.0 percent broken kernels, minimum 73.0 percent whole kernel milling yield." Other announcement changes are as follows: 3. SUBMISSION OF OFFERS B. Where and When to Submit Offers (4) Offers, modification, or withdrawals of offers must be submitted to: Kansas City Commodity Office Attn: Bulk Commodities Division Bid Box - Stop 8748 P.O. Box 419205 Kansas City, MO 64141-6205 (5) Users of the various express delivery services are to address correspondence to: Kansas City Administrative Office Attn: Bulk Commodities Division Bid Box - Stop 8748 6501 Beacon Drive Room G-42A Kansas City, MO 64133-4676 C. Basis of Offer (1) (b) $1.50 MT premium for tween-decker, $1.00 MT premium for tanker. Payment to be based on gross metric tons. (f) Delete. 10. DELIVERY A. CCC will give contractor at least ten (10) days advance notice of vessel estimated time of arrival. 13. INVOICES FOR PAYMENT (5) One copy of the Phytosanitary Certificate is required. Add: (7) Proper fumigation certificate required. Payment to be based on gross metric tons. D. Invoices should be submitted to: (1) By regular mail: Kansas City Commodity Office CRD/FRB - Stop 8758 P.O. Box 419205 Kansas City, MO 64141-6205 (2) Users of various express delivery services: Kansas City Commodity Office CRD/FRB - Stop 8758 6501 Beacon Drive Kansas City, MO 64133-4676 (Hours: 7:00 A.M. - 5:00 P.M.) All other terms and conditions of Announcement KCPG5, as amended, remain unchanged. TELEX/TWX - 467094 - Answer Back is USDA CI Easylink 62140250 Fax No. (816) 926-6381 or (816) 926-6767 Communications Center - Telephone: (816) 823-1012 CCC reserves the right to refuse to consider an offer if the Kansas City Commodity Office does not have adequate information to determine the responsibility of offeror, financially or otherwise. First time CCC bidders, for agricultural commodity contracts, should notify CCC ten (10) days prior to submission of an offer. In order to properly consider the offer, the following information must be in the signed offer: - Announcement number and Invitation number - Offeror's complete name, address, phone number, and contact name - Quantity expressed in metric tons - FOB, berth, and berth restrictions - Shipment position - Price per metric ton for rice (maximum 2 decimal places) - Price per metric ton for fumigation Retain one copy of the submitted offer form for your use. The envelope must be plainly marked: "Do Not Open Until the Prescribed Time Per Announcement KCPG5, as amended, Invitation No. 438." If overnight/express service is utilized, the above statement must be printed clearly on the outer express envelope, not the mailing label. Additional blank copies of original offer form may be obtained from the Kansas City Commodity Office or duplication of attached offer form is permitted. Amended market price changes must bear the statement: "The certifications, warranties, and representations as set forth in Part C of USDA-1, Revision No. 2, are hereby made." The time recorded by the Easylink system or facsimile as offeror's transmission time will be used to determine the time of receipt by CCC. OFFERORS ARE RESPONSIBLE FOR THE TIMELY RECEIPT OF OFFERS AND AMENDED MARKET PRICE CHANGES. No offers, modifications, or withdrawals will be accepted by telephone. The offeror must submit to Kansas City Commodity Office the document "APPENDIX 1 TO ANNOUNCEMENT KCPG5, AS AMENDED, ANNOUNCEMENT FOR THE PURCHASE OF GRAINS/MILLED RICE FOR USE IN EXPORT DONATION PROGRAMS." The Appendix 1 to Announcement KCPG5, as amended, may be submitted to the Kansas City Commodity Office with the Offer Form. The Kansas City Commodity Office will use the submitted Appendix 1 to Announcement KCPG5, as amended, as the offeror's certifications and representations for Offer Forms submitted on subsequent Invitations issued under Announcement KCPG5, as amended; PROVIDED, the certifications and representations are valid and the statement made: OFFEROR CERTIFIES THAT ALL SUBMISSIONS AND CERTIFICATIONS PREVIOUSLY MADE UNDER ANNOUNCEMENT KCPG5, AS AMENDED, REMAIN VALID FOR THIS OFFER. The offeror is responsible for submitting valid certifications and representations to the Kansas City Commodity Office. ANY OFFER FORM SUBMITTED WITHOUT VALID CERTIFICATIONS ON FILE WILL BE CONSIDERED NONRESPONSIVE. Further information on the Announcement, Appendix 1 to the Announcement, or this Invitation for Offers may be obtained by contacting: Kansas City Commodity Office Bulk Commodities Division - Stop 8748 6501 Beacon Drive Kansas City, MO 64133-4676 Telephone (816) 926-6420 Janet Cleveland Contracting Officer Enclosure KC-331 OMB NO. 0560-0177 (04-03-97) ANNOUNCEMENT KCPG5, AS AMENDED PROCUREMENT OFFER FORM INVITATION NO. 438 IN ACCORDANCE WITH ANNOUNCEMENT KCPG5, AS AMENDED, INVITATION NO. 438, DATED AUGUST 15, 2002, THE UNDERSIGNED OFFERS THE FOLLOWING: FIRM NAME____________________________________________________________________________ ADDRESS______________________________________________________________________________ _______________________________________________________________________________________ CONTACT NAME_______________________________________________________________________ PHONE NO._______________________________ FAX NO.___________________________________ OFFER NO. _______________________________ QUANTITY _______________________METRIC TONS 5% MORE OR LESS AT CONTRACT PRICE. PRICE $ _______________PER METRIC TON, FOB, U.S. NO. 2 O/B LONG GRAIN BROWN RICE PRICE $________________PER METRIC TON FOR FUMIGATION BERTH & WAREHOUSE CODE __________________________________________________________ SHIPMENT PERIOD: ___________________________________________________________________ LOAD BERTH RESTRICTIONS [REFER TO ANNOUNCEMENT KCPG5, AS AMENDED, SECTION 3, PARAGRAPH C(h)]. NAMED BERTH RESTRICTIONS ARE MAXIMUM: LENGTH:____________________________________ AIR DRAFT:_____________________________ WIDTH:_____________________________________ WATER DRAFT:_________________________ SIGNATURE 1/_______________________________ TITLE___________________________________ BY SUBMITTING THIS OFFER, OFFEROR CERTIFIES THAT THE APPLICABLE CERTIFICATIONS HAVE BEEN SUBMITTED TO THE KANSAS CITY COMMODITY OFFICE AND ARE VALID FOR THIS OFFER. 1/ BEFORE SIGNING THIS OFFER, SEE ARTICLE 6 OF USDA-1, "SIGNING OF OFFERS". The following statements are made in accordance with the Privacy Act of 1974 (5 USC 552a) and the Paperwork Reduction Act of 1995, as amended. The authority for requesting the following information is 7 CFR, Chapter 14, 1496, Subchapter B and C. The information will be used to assess Bulk Grain Procurement Offers. Furnishing the requested information is required to be a responsive offer. Failure to furnish the requested information will result in a nonresponsive offer. This information may be provided to other agencies, IRS, Department of Justice, or other State and Federal Law enforcement agencies, and in response to a court magistrate or administrative tribunal. The provisions of criminal and civil fraud statutes, including 18 USC 286, 287, 371, 641, 651, 1001; 15 USC 714m; and 31 USC 3729, may be applicable to the information provided. Federal agencies may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the U. S. Department of Agriculture, Clearance Officer, OIRM (OMB No. 0560-0177), Stop 7630, Washington, D.C. 20250-7630. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington, D.C. 20250-9410 or call (202) 720-5964 (voice or TDD).